PONNUSAMI NADAR Vs. ATHI NADAR AND ANR.

JUDGEMENT

(1.) THIS is an appeal preferred against the decree and judgment of the learned Subordinate Judge, Tirunelveli, in A.S. No. 119 of 1954 confirming the decree and judgment of the learned District Munsif of Srivaikuntam in O.S. No. 389 of 1951.

(2.) THE suit property is stated to have originally belonged to one Manuel Nadar. This Manuel Nadar had a son by name Gabriel Nadar who sold the suit property to one Isaac who mortgaged the same to the plaintiff's father under Exhibit A -4, dated 28th April, 1916. This Exhibit A -4 recites a sale deed of 10th March, 1916, under which the mortgagor purchased this property and it is also mentioned therein that there are no encumbrances on the property. On the foot of this mortgage a suit O.S. No. 158 of 1929 on the file of the District Munsif Js Court, Srivaikuntam, was filed. We have no records concerning this suit but it is stated that in this suit one Athi Nadar's predecessor -In -title one Vadivelperumal Nadar claimed paramount title and he was exonerated. Details regarding this are not known except that this paramount title of Vadivelperumal Nadar has been examined in this suit and found to be totally unfounded.

(3.) THIS person who was put in possession of the property has also paid kist in respect of the same. Vide Exhibit A -g, dated 10th March, 1941 and 17th February, 1942.